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Dacono City Zoning Code

ARTICLE 11

5 - Signs

Sec. 16-295.- Legislative declaration.

The City Council declares that it is the intent and the purpose of this Article to:

(1)

Provide a consistent and fair allocation of signage to all property owners within the City. The City recognizes that signs are a means of identifying and advertising existing uses within the City and that there is a need to assure that all businesses and residents have an equal opportunity to identify their use or uses of their property;

(2)

Recognize that the use of signs constitutes a use of the land;

(3)

Help implement the goals and policies of the comprehensive plan;

(4)

Recognize that signs are a necessary means of visual communication for the convenience of the public;

(5)

Recognize and ensure the right of those concerned to identify businesses, services and other activities by the use of signs;

(6)

Provide a reasonable balance between the identification of businesses by the use of signs and the protection of the public from visual pollution resulting from the unrestricted proliferation of signs and similar devices;

(7)

Limit signs to those which are accessory and incidental to the use on the premises where such signs are located;

(8)

Make signs compatible with adjacent land uses and with the total visual environment of the community;

(9)

Promote a visual effect which has a minimum of overhead clutter, creates an attractive City environment and facilitates identification of business and other land uses;

(10)

Encourage signs which are well-designed and compatible with their surroundings and with the buildings to which they are appurtenant;

(11)

Recognize that the elimination, as expeditiously and reasonably as is possible, of existing signs that are not in conformance with the provisions of this Article is as necessary to the public safety and welfare and to the protection of the visual environment as is the prohibition of new signs which would violate the provisions of this Article;

(12)

Recognize the right of residents of the City to exercise their right to free speech by the use of signs containing noncommercial messages that are subject to reasonable time, place and manner restrictions; and

(13)

Keep signs from obscuring, disrupting or interfering with the vision of motorists, and from competing or conflicting with necessary traffic signs and warning signals in order to increase traffic safety and minimize traffic hazards.

(Ord. 472 §1, 1996)

Sec. 16-296. - Permit.

(a)

It shall be unlawful for any person to erect or maintain any sign regulated by this Article or to allow a sign to be erected or remain on property owned by him or her without first obtaining a permit from the Building Official prior to installation, unless specifically exempted by this Article.

(b)

An application for a sign permit shall be filed with the Building Official, who shall review the application for completeness in accordance with information required on the Sign Permit Application Form as established by the City. Such information shall include the size of the proposed sign, a graphic representation of the proposed sign, the location where the proposed sign is to be erected, the name of the property owner where the proposed sign is to be erected and if the applicant will not erect the sign himself or herself, the name and telephone number of the sign contractor who will erect the sign. If the application is filed by someone other than the record owner of the property, the application must demonstrate consent of the property owner.

(c)

The application shall be deemed complete when the application form is completed and all required fees have been paid. The Building Official shall review and act upon a request for a sign permit upon receipt of a complete application. The sign permit application shall be approved if the application demonstrates compliance with the standards set forth in this Article and the requirements of all building and safety codes as adopted by the City.

(d)

A sign permit shall lapse and have no further effect unless the sign has been erected in compliance with the terms and conditions of the permit within one (1) year after the date of permit approval.

(e)

The following types of signs are exempted from the provisions of this Section:

(1)

Temporary signs as identified within Subsection 16-297(a) of this Article.

(2)

Home occupation signs permitted under Article 21 of this Chapter.

(3)

Official governmental traffic control devices, official governmental informational signs, street identification signs and other governmental signs placed for public safety needs.

(f)

The fee for a sign permit shall be the building permit fee charged for the sign as determined by the currently adopted building and electrical codes.

(Ord. 472 §1, 1996; Ord. 613 §1, 2003; Ord. No. 804, §§ 1, 2, 11-23-2015)

Sec. 16-297. - Temporary signs.

(a)

A permit shall not be required for the following temporary signs and, except as specifically provided in this Article, shall be exempt from the provisions of this Article:

(1)

General temporary signs not exceeding ten (10) square feet in total sign area, and five (5) square feet of sign area per face, advertising or identifying property for rent, lease or sale, political and ideological signs, garage sale signs and special event signs.

(2)

Commercial temporary signs made of paper, canvas or cloth not exceeding fifty (50) square feet in total sign area, placed for no more than a total of ninety (90) days within a calendar year advertising special sales or events on a commercial or industrial zoned property. No more than fifty (50) square feet of temporary signage may be placed on a property at any one (1) time, and the use of temporary signs shall not exceed ninety (90) days total for a property within a calendar year.

(b)

The following types of temporary signs shall be allowed, when a permit is granted pursuant to Section 16-296 of this Code.

(1)

Temporary residential tract sign. Each builder in a residential subdivision or development may have one (1) freestanding temporary tract sign. When more than two (2) builders are constructing homes within a single subdivision, all builders must share one (1) combined sign. Each sign must be located on the site of the subdivision or development at a major entrance to the subdivision or development, have a maximum area or one hundred (100) square feet, a maximum height of twelve (12) feet, be constructed of a durable material and may not be lighted. Such signs may remain in place as long as active initial sales by the builders are occurring.

(2)

Temporary nonresidential tract sign. Each subdivided lot in a commercial or industrial zone district may have one (1) freestanding temporary tract sign, provided that such sign is located on site, has a maximum sign area of one hundred (100) square feet, a maximum height of twelve (12) feet, is constructed of a durable material and is not lighted. Such sign may remain in place until the first certificate of occupancy is issued for a building on the tract or lot.

(3)

Model home signs. Each builder within a subdivision or development may have the following types of model home signs under the following conditions, and each such sign may remain until the single-family model home is sold to a private buyer for use:

a.

Each builder may have one (1) freestanding or wall sign within each group of attached or detached single-family model homes that it constructs, provided that each such sign is located on the model home lot, has a maximum area of forty (40) square feet, a maximum height of six (6) feet and is not lighted.

b.

Each attached or detached single-family model home may have one (1) freestanding or wall sign, provided that each such sign is located on the same lot as the model home, has a maximum area of five (5) square feet, a maximum height of six (6) feet and is not lighted.

c.

Each builder may have one (1) freestanding or wall sign at the entrance to each multi-family building it constructs, provided that each such sign is located on the same lot as the multi-family building, has a maximum area of five (5) square feet, a maximum height of six (6) feet and is not lighted.

d.

Each subdivision may have one (1) or more temporary model home flags, provided that each flagpole is located within two hundred (200) feet of an entrance to the subdivision on a model home lot containing a model home or a temporary sales office, no flag has a maximum area or more than fifteen (15) square feet, the total area of all flags is no more than ninety (90) square feet and no flagpole has a maximum height of more than twenty (20) feet.

(c)

Temporary signs shall be placed in conformance with the provisions of Section 16-303 of this Code.

(d)

Illumination of temporary signs is prohibited.

(Ord. 472 §1, 1996; Ord. 613 §2, 2003; Ord. No. 804, §§ 3, 4, 11-23-2015)

Sec. 16-298. - Prohibited signs.

No person shall erect, install or maintain the following signs:

(1)

Animated or flashing signs;

(2)

Signs that move with the wind;

(3)

Signs that have been installed or erected to project into or over a public right-of-way;

(4)

Signs not permanently affixed or attached to the ground or to any structure except for temporary signs or signs carried by a person; and

(5)

Signs placed on a roof.

(6)

Off premise signs. Unless otherwise authorized, signs may be erected, altered, and maintained only on the same lot as the permitted use(s) it advertises or identifies.

(7)

Abandoned signs. For purposes of this Section, a sign shall be considered abandoned if it advertises a business, lessor, owner, product, service or activity that is no longer located on the premises where the sign is displayed.

(8)

Any sign that could be mistaken for or confused with a traffic control sign, signal or device.

(9)

Mirrored or reflective signs. No mirror device shall be used as part of a sign.

(10)

Audible signs.

(Ord. 472 §1, 1996; Ord. No. 804, §§ 5, 6, 11-23-2015)

Sec. 16-299. - Illuminated signs.

(a)

Any lighting used for the illumination of a sign shall be shielded such that the light will not shine directly onto adjoining properties or rights-of-way.

(b)

Neither the direct nor reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on a public thoroughfare.

(c)

Signs in R-1, R-2, MH, RR-1, DR or A zones shall not be lighted or illuminated.

(d)

Sign lighting shall not flash, flutter or turn on and off for any period of time less than a sixty-second (one-minute) interval of time.

(Ord. 472 §1, 1996)

Sec. 16-300. - Nonconforming signs.

A nonconforming sign may continue so long as new signage is not placed on the property. All existing signs shall be brought into conformance with the provisions of this Article when a new sign subject to the provisions of the Article is placed on the property, unless a variance has been approved by the City for the continued maintenance and use of the nonconforming sign.

(Ord. 472 §1, 1996)

Sec. 16-301. - Sign area computation method.

(a)

Total sign area for a property shall be calculated as provided in Section 16-304. All faces of a sign shall be included in the computation of sign area to determine the total sign area. For example, the total sign area of a freestanding sign with two (2) sides shall be the calculation of both sides of the sign added together.

(b)

Irregularly shaped signs shall be calculated by placing one (1) eight-sided rectilinear shape around the perimeter of the whole sign.

(c)

On a corner lot, sign area calculations for the property shall be based on the street or building frontage along the front lot line.

(d)

The total sign area permitted for properties with more than one (1) use or building shall be one and one-half (1.5) times the permitted standard within Section 16-304 of this Article.

(Ord. 472 §1, 1996)

Sec. 16-302. - Sign height.

(a)

Except as otherwise provided in this Article, no sign within a CR, C-1 or I-1 zone shall exceed ten (10) feet in height.

(b)

Except as otherwise provided in this Article, no sign within an R-1, R-2, MR, RR-1, DR or A zone shall exceed eight (8) feet in height.

(Ord. 472 §1, 1996; Ord. 613 §3, 2003; Ord. No. 804, § 7, 11-23-2015)

Sec. 16-303. - Setback.

(a)

No sign within an R-1, R-2, MH, RR-1, DR or A zone shall be placed closer than ten (10) feet from a property line, or any portion of a public sidewalk or curb, or the outside edge of the traveled surface of a street, whichever is greater.

(b)

No sign within the CR, C-1 or I-1 zones shall be placed closer than twenty (20) feet from a property line, or any portion of a public sidewalk or curb, or the outside edge of an unpaved traveled surface of a street, whichever is greater.

(c)

Except for official governmental traffic control devices, official governmental informational signs, street identification signs, other governmental signs placed for public safety needs and temporary signs placed by the City, no sign shall be located in any public right-of-way.

(Ord. 472 §1, 1996; Ord. 613 §4, 2003)

Sec. 16-304. - Sign areas.

(a)

No sign within an R-1, R-2, MH, RR-1, DR or A zone identifying a permitted residential or nonresidential use shall exceed five (5) square feet of total sign area, with the maximum dimension in any one (1) direction not exceeding four (4) feet, per property.

(b)

No identification signs for public or semi-public buildings and uses within an R-1, R-2, MH, RR-1, DR and A zone shall exceed ten (10) square feet of total sign area per property.

(c)

No sign within a commercial or industrial zone shall exceed the following total sign area per property calculated as follows:

Area Calculation

CR 1 sq. ft. per lineal foot of building frontage
C-1 1 sq. ft. per lineal foot of lot frontage
I-1 1 sq. ft. per lineal foot of lot frontage

 

(Ord. 472 §1, 1996)

Sec. 16-305. - Signage Within Planned Unit Developments.

Signage within an approved Planned Unit Development (PUD) may vary from the provisions of this Article, as may be set forth in the approved PUD Final Development Plan.

(Ord. 472 §1, 1996; Ord. No. 804, § 8, 11-23-2015)